Articles Posted in Personal Injury

Personal injury cases are usually tried in state courts under state law. But when the plaintiff and defendant are citizens of different states–say, an individual plaintiff living in Georgia sues a company based in Florida–then the case may be removed to a federal court. The federal court must still decide the case based on state law. But federal rules govern procedural questions like the admission of evidence. This can sometimes lead to confusion, as the Eleventh Circuit U.S. Court of Appeals in Atlanta recently found.

Cooper v. Marten Transport, Ltd.

In 2010, a husband and wife suffered serious back injuries after a tractor trailer collided with their car in Georgia. The couple sued the other driver and the company that owned the tractor trailer. As the defendants were not Georgia residents, they had the case removed from state to federal court.

The “Ramblin’ Wreck” is well known to students and football fans at Georgia Tech. Since 1961, the Wreck–an authentic 1930 Ford Model A–has led the Tech football team into home games at Bobby Dodd Stadium in Atlanta. The Wreck is owned by the university but supervised by a student group called the “Ramblin’ Wreck Club.” The club elects a driver annually who is then responsible for the Wreck’s day-to-day operation and maintenance.

In 2007, about three months before the start of the football season, the Wreck’s driver was transporting the vehicle via trailer to a non-university event in Savannah. The accident severely damaged the Wreck. Several companies volunteered their services to repair the Wreck in time for the season, including Eco-Clean, Inc., which refurbished the car’s interior and roof.

Two years later, the Wreck’s driver and three other club members took the car from its garage to a nearby fraternity house. During the return trip, one member “stood on the passenger side running board, grasping an interior handle with one hand and an exterior handle with the other,” which was a standard position taken by club members when riding the vehicle. Unfortunately, one of the handles broke off, throwing the student from the vehicle. He suffered significant head injuries and permanently lost his sense of taste and smell as well as partial hearing.

In a personal injury lawsuit, it’s critical to establish all of your facts before proceeding to court. It’s not enough to simply accuse someone of causing you an injury. There must be sufficient facts alleged to connect the injury to some action–or inaction–by the defendant. If a plaintiff can’t present such facts, the trial court will grant summary judgment to the defendant.

A recent decision by the Georgia Court of Appeals, Taylor v. Thunderbird Lanes, LLC, provides a useful example. In this case, the plaintiff was a woman who went to a local bowling alley with her son and daughter-in-law. The plaintiff was an experienced bowler who had patronized the alley before.

Bowling alleys commonly treat their lanes with oil in order to aid ball movement. Typically, such oil is used beyond the “foul line” behind which the bowler is expected to release his or her ball. There should be no oil or other obstruction in the area approaching the foul line.

In personal injury cases, trial juries are expected to employ their common sense and knowledge in determining liability. Expert testimony may provide a jury with specialized knowledge, but, as the Georgia Supreme Court has said in Cower v Widener, most “simple negligence” cases such testimony is not required “to establish a causal link between the defendant’s conduct and the plaintiff’s injury.” Recently, the Georgia Court of Appeals applied this principle to a dispute between an accident victim and his insurance company.

In February 2002, the victim was waiting in his car at an intersection. An unknown driver rear-ended him. The victim’s head slammed against the window. The victim exited his vehicle in a “dazed” state and proceeded to speak briefly with the other driver. However, before the victim could obtain any further vehicle or insurance information, the other driver fled the scene.

Shortly thereafter, the victim started receiving chiropractic treatment for lower back pain. Nine months later, an MRI revealed a herniated disk. The radiologist supervising the MRI concluded the injury was “possibly several months of age,” putting it within the time frame of the February accident.